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(영문) 서울중앙지방법원 2014.12.24 2014고단8532

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 2, 2005, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on July 6, 2007, a fine of KRW 3 million for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 6, 2007, and a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Seoul East District Court on March 23, 2012.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a driver of a passenger car by borrowing B.

On September 25, 2014, the Defendant driven the said car with a blood alcohol concentration of 0.113% 0.13% around 00:25 on September 25, 2014, and turned to the left at about 10-20km in the direction of new distribution from 15 to 10-20km in the direction of new distribution.

At the time of night, it was difficult to view the front door door, and there was a cross-section in the apartment complex without a signal, so in such a case, there was a duty of care to check whether a person engaged in driving of a motor vehicle has a motor vehicle, etc., by reducing speed and properly operating the steering gear and brakes, and to prevent accidents in advance.

Nevertheless, the Defendant, while under the influence of alcohol, failed to discover a vehicle in a direct way without reducing the speed, and caused the collision between the victim C(34 years of age) who left the left and left the right-hand turn and the left-hand turn of the vehicle, which the victim C(34 years of age) drives on the left-hand side, with the front-hand part of the Defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in Paragraph 1, and at the place, the Defendant driven a car about 500 meters by driving the car under the influence of alcohol with 0.13% alcohol concentration in blood.

Summary of Evidence

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